Category: Disability

By Darren LundcloseAuthor: Darren LundName: Darren LundEmail: dlund@fasken.comSite:http://www.fasken.com/en/darren-lund/About: Darren Lund is a member of the Trust, Wills, Estates and Charities at Fasken, Toronto office. Darren has expertise in a broad range of estate planning matters, including multiple wills, inter vivos trusts, disability planning, estate freezing, and planning for beneficiaries and assets outside Canada. Darren advises trustees and beneficiaries on all aspects of estate administration, both contentious and non-contentious, and his experience includes passing of fiduciary accounts, trust variations, post-mortem tax planning, and administering the Canadian estates of non-residents. He also speaks and writes on a variety of related topics such as estate planning for spouses and couples, inheriting overseas property and estate planning for persons with disabilities. He previously practised estates law at a large national law firm.
Email: dlund@fasken.comSee Authors Posts (34) •
August 10, 2018
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In my last blog, I began looking at the treatment of the “matrimonial home” under the Ontario Family Law Act, and promised to continue that discussion in my next blog, which of course is this blog. I have decided to put that discussion over to my next blog, and instead…

By Audrey MillercloseAuthor: Audrey MillerName: Audrey MillerEmail: amiller@eldercaring.caSite:http://www.eldercaring.caAbout: Email: amiller@eldercaring.ca
About: Audrey Miller, Managing Director of Elder Caring Inc. has over 25 years social work and rehabilitation experience working with older individuals and their families. She advises the financial, insurance, legal and business communities regarding elder care issues. Audrey is a recognized expert in her field.See Authors Posts (197) •
June 4, 2018
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Over the last few weeks I had the pleasure of attending two hospital events. One was a fundraiser for the new Women’s (College) Hospital and the other was a recognition lunch by Princess Margaret Cancer Foundation; two world class hospitals that we are lucky to have located in Toronto. Both…

By Dr. Richard ShulmancloseAuthor: Dr. Richard ShulmanName: Dr. Richard ShulmanEmail: Richard.Shulman@thp.caSite:http://www.trilliumhealthpartners.caAbout: Dr. Shulman is a Geriatric Psychiatrist, and is the Service Medical Director for Seniors Mental Health Services at Trillium Health Partners (Mississauga Hospital, Credit Valley Hospital and Queensway Health Centre). He is available for independent medical-legal capacity assessments. He is an assistant professor at the University of Toronto.
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May 30, 2018
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In 2015, the Supreme Court of Canada held that the ban on Medical Assistance in Dying (MAiD) was unconstitutional (for a summary of the decision, click here). However, MAiD is not available to all persons; to qualify, a person requesting MAiD must have a grievous and irremediable medical condition including…

Capable adults are free to enter into a contract with one another. Once entered into, the contract is binding on the parties (exceptions apply) and they may ask the court for assistance enforcing the terms of the contract. Different rules apply to contracts entered into by minors (in Ontario, the…

As most of you know, the Disability Tax Credit is a credit to income tax otherwise payable, available for those with a severe or prolonged impairment. It is meant to provide some relief from the additional costs and expenses incurred associated with the impairment. It is also referred to by…

By Darren LundcloseAuthor: Darren LundName: Darren LundEmail: dlund@fasken.comSite:http://www.fasken.com/en/darren-lund/About: Darren Lund is a member of the Trust, Wills, Estates and Charities at Fasken, Toronto office. Darren has expertise in a broad range of estate planning matters, including multiple wills, inter vivos trusts, disability planning, estate freezing, and planning for beneficiaries and assets outside Canada. Darren advises trustees and beneficiaries on all aspects of estate administration, both contentious and non-contentious, and his experience includes passing of fiduciary accounts, trust variations, post-mortem tax planning, and administering the Canadian estates of non-residents. He also speaks and writes on a variety of related topics such as estate planning for spouses and couples, inheriting overseas property and estate planning for persons with disabilities. He previously practised estates law at a large national law firm.
Email: dlund@fasken.comSee Authors Posts (34) •
December 1, 2017
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I previously blogged about changes that could be made to the current qualified disability trust (“QDT”) rules to make them more flexible. In that blog I briefly referred to changes to the principal residence exemption that limit the types of personal trusts that can use the exemption, one of which…

By Darren LundcloseAuthor: Darren LundName: Darren LundEmail: dlund@fasken.comSite:http://www.fasken.com/en/darren-lund/About: Darren Lund is a member of the Trust, Wills, Estates and Charities at Fasken, Toronto office. Darren has expertise in a broad range of estate planning matters, including multiple wills, inter vivos trusts, disability planning, estate freezing, and planning for beneficiaries and assets outside Canada. Darren advises trustees and beneficiaries on all aspects of estate administration, both contentious and non-contentious, and his experience includes passing of fiduciary accounts, trust variations, post-mortem tax planning, and administering the Canadian estates of non-residents. He also speaks and writes on a variety of related topics such as estate planning for spouses and couples, inheriting overseas property and estate planning for persons with disabilities. He previously practised estates law at a large national law firm.
Email: dlund@fasken.comSee Authors Posts (34) •
September 29, 2017
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As my fellow bloggers have recently written, changes have been made to the Ontario Disability Support Program (“ODSP”) effective September 1, 2017, three of which are of particular importance for estate planning purposes: The amount a benefits recipient can receive in the form of gifts, trust distributions, and life insurance…

In what might be one of the last pipeline transactions my office will advise on (depending on the outcome of the Government of Canada tax proposals), I ran into an unfortunate situation which served to highlight a fundamental aspect of estate planning: Planning for your beneficiaries. Recently, I reached out…

By Dr. Richard ShulmancloseAuthor: Dr. Richard ShulmanName: Dr. Richard ShulmanEmail: Richard.Shulman@thp.caSite:http://www.trilliumhealthpartners.caAbout: Dr. Shulman is a Geriatric Psychiatrist, and is the Service Medical Director for Seniors Mental Health Services at Trillium Health Partners (Mississauga Hospital, Credit Valley Hospital and Queensway Health Centre). He is available for independent medical-legal capacity assessments. He is an assistant professor at the University of Toronto.
Email: Richard.Shulman@thp.caSee Authors Posts (23) •
September 6, 2017
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Schizophrenia in adults is the most common illness causing psychosis (a loss of contact with reality, a lack of ability to tell what is real from what is not real in some way). Schizophrenia generally commences in late adolescence or less commonly after age 40 referred to as late onset…

This blog was contributed by Elizabeth Bozek, B.Sc. (Hons), LL.B., Estate and Trust Consultant at Scotia Wealth Management in Toronto. _______________________________________________________________________________ Estate planning for beneficiaries who receive Ontario Disability Support Program (“ODSP”) has been a careful balancing act to ensure entitlement to the benefits is preserved. Some relief has finally been announced…